1. Applicant's Name: a. Application Date: 6 November 2017 b. Date Received: 28 January 2019 c. Counsel: 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant through legal counsel requests an upgrade of general (under honorable conditions) discharge to honorable. The applicant seeks relief contending, in effect, would like an upgrade of discharge for the purpose of being able to reenlist in the armed forces. The applicant was unjustly accused of fraternization with an NCO (the NCO was found to be innocent) and with a junior enlisted Soldier (neither the applicant nor the junior enlisted Soldier were found guilty of fraternization, as the only evidence against them was that they were seen talking while waiting for a bus, and were still with their platoon). The applicant was given a general (under honorable conditions) discharge for serious misconduct. There is only one incident which rises to the level of being "serious misconduct, this is fraternization with SGT H. As the SGT was found innocent, the applicant should be properly addressed with corrective action. In a travel panel hearing conducted in San Antonio, TX on 18 September 2019, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Misconduct (Serious Offense) / AR 635-200 / Chapter 14-12c / JKQ / RE-3 / General (Under Honorable Conditions) b. Date of Discharge: 16 December 2014 c. Separation Facts: (1) Date of Notification of Intent to Separate: 25 November 2014 (2) Basis for Separation: The applicant was informed of the following reasons: for violating a lawful general regulation on 23 September 2014, TRADOC Regulation 350-6, Enlisted Initial Entry Training Policies and Administration, dated 7 November 2014, by contacting SGT F.H., on "Facebook", getting into his personal vehicle, and kissing him; and Making a false statement about her knowledge of SGT H on 25 September 2014. It was believed that her commission of serious offense was such that her retention would have an adverse impact on military discipline, good order and morale. (3) Recommended Characterization: General (Under Honorable Conditions) (4) Legal Consultation Date: 2 December 2014 (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 11 December 2014 / General (Under Honorable Conditions) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 22 April 2014 / 3 years, 23 weeks b. Age at Enlistment / Education / GT Score: 23 / GED / 106 c. Highest Grade Achieved / MOS / Total Service: E-1 / None / 7 months, 25 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: NDSM g. Performance Ratings: None h. Disciplinary Action(s) / Evidentiary Record: FG Article 15, dated 28 October 2014, for violation of Article 86 (Failure to Report) 3 specifications of Article 92 (Failure to Obey a Lawful Regulation) and article 107 (False Official Statement). The punishment consisted of forfeiture of $765.00 per month for two months (suspended) and extra duty and restriction for 45 days. Report of Mental Status Evaluation, dated 22 October 2014, which shows the applicant was able to understand and participate in any administrative proceedings and appreciated the difference between right and wrong. She was psychiatrically cleared to participate in the Chapter 14 administrative separation process IAW AR 635-200. Several negative counseling statement for various actions of misconduct. i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; legal brief; memorandum recommending general (under honorable conditions) discharge; memorandum of appeal; Sergeant H. NCO Evaluation Report and letters or recommendation; minor offenses, letters of reference; and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: In addition to working, the applicant has performed volunteer work. This includes her volunteering at the Red Cross, going so far as to pay $85 to go through Adult and Pediatric first Aid classes, so that she can better help others. 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or being absent without leave. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed. Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted. Paragraph 14-12c states a Soldier is subject to action per this section for commission of a serious military or civilian offense, if the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Courts-Martial. 8. DISCUSSION OF FACT(S): The applicant through legal counsel requests an upgrade of her general (under honorable conditions) discharge to honorable. The applicant's record of service, the issues and documents submitted with her application were carefully reviewed. The record confirms the applicant's discharge was appropriate because the quality of her service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel. It brought discredit on the Army, and was prejudicial to good order and discipline. The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant's service mitigated the misconduct or poor duty performance, such that she should have been retained on Active duty. The applicant through legal counsel seeks relief contending that she was unjustly accused of fraternization with an NCO (the NCO was found to be innocent) and with a junior enlisted Soldier (neither the applicant or the junior enlisted Soldier were found guilty of fraternization, as the only evidence against them was that they were seen talking while waiting for a bus, and were still with their platoon). The applicant was given a general (under honorable conditions) discharge for serious misconduct. There is only one incident which rises to the level of being "serious misconduct, this is fraternization with SGT H. As he was found innocent, she should be properly addressed with corrective action. The applicant's contentions were noted; however, the service record indicates the applicant committed several discrediting offenses, which constituted a departure from the standards of conduct expected of Soldiers in the Army. The applicant's numerous incidents of misconduct adversely affected the quality of his service, brought discredit on the Army, and were prejudicial to good order and discipline. Also the method in which another Soldier's case was handled is not relevant to the applicant's case. Applicable regulations state that each case must be decided on an individual basis considering the unique facts and circumstances of that particular case. The applicant expressed her desire for an upgrade of her discharge for the purpose of being able to reenlist in the armed forces. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 3. There are no basis upon which to grant a change to the reason or to the RE code. An RE Code of 3 indicates the applicant requires a waiver prior to being allowed to reenlist. If reenlistment is desired, the applicant should contact a local recruiter to determine eligibility to reenlist. Recruiters can best advise a former service member as to the needs of the Army at the time, and are required to process waivers of reentry eligibility (RE) codes if appropriate. The record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with her overall service record. The discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority, and the applicant was provided full administrative due process. 9. DOCUMENTS / TESTIMONY PRESENTED DURING PERSONAL APPEARANCE: In addition to the evidence in the record, the Board carefully considered the additional document(s) and testimony presented by the applicant at the personal appearance hearing. a. The applicant submitted the following additional document(s): None b. The applicant presented the following additional contention(s): Applicant provided oral argument and statements in support of the contentions and counsel provided in written submissions and in support of previously submitted documentary evidence c. Witness(es) / Observer(s): None 10. BOARD DETERMINATION: In a travel panel hearing conducted in San Antonio, TX on 18 September 2019, and by a 5-0 vote, the Board denied the request upon finding the separation was both proper and equitable. 11. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. Change SPD / RE Code to: No Change Authenticating Official: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer SCM - Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial BH - Behavioral Health HD - Honorable Discharge NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20190001919 4